Skach v. AAA Northern California, Nevada & Utah Insurance Exchange

Filing 107

ORDERED that the # 102 Motion to Strike is GRANTED, and the # 99 Bill of Costs is STRICKEN. FURTHER ORDERED that the # 105 Motion to Sever is DENIED. Signed by Judge Robert C. Jones on 12/30/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUDITH T. SKACH,
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Plaintiff,
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vs.
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WESTERN UNITED INSURANCE CO., d.b.a.
AAA NEVADA INSURANCE CO.,

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Defendant.

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3:12-cv-00464-RCJ-VPC
ORDER

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This is an insurance action arising out of an automobile accident. The Court recently

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granted summary judgment to Defendant as to the non-contractual claims, but the breach of

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contract claim remains for trial. Defendant asked the Court to award it attorney’s fees for its

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defense of the non-contractual claims. The Court denied that motion as premature. Plaintiff has

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now asked the Court to strike Defendant’s Bill of Costs (ECF No. 99) as premature. The Court

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will grant the motion for that reason. The Court states no opinion as to particular items included

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in the Bill of Costs. Finally, the Court will not sever the remaining claims from the adjudicated

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claims for the purposes of either fees or costs. As the Court has explained, until the entire case is

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adjudicated, the Court cannot properly assess which party, if either, should be awarded fees or

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costs.

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CONCLUSION
IT IS HEREBY ORDERED that the Motion to Strike (ECF No. 102) is GRANTED, and
the Bill of Costs (ECF No. 99) is STRICKEN.

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IT IS FURTHER ORDERED that the Motion to Sever (ECF No. 105) is DENIED.

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IT IS SO ORDERED.

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Dated this 30th day of December, 2014.

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_____________________________________
ROBERT C. JONES
United States District Judge

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